Legalities of Selling an Automatic Knife

[iHasCrabs]

I have a Microtech OTF knife that i have real no use for, and would like to sell it. Can anybody point me in the direction where I can find out how to legally sell it? I know they are legal to own in MD but not legal to sell? Can I ship it to a buyer out of state?

Thanks for any advice

 

[SalemCat]

People are selling OTF on eBay and Amazon, for what it's worth.

 

[Roneut]

Here's the deal, there is the law, and there is what routinely goes on in practice. What occurs in practice should in no way be construed as it is legal.

The letter of the law:
You must comply with both Federal law and Maryland state law.

Under federal law, you cannot sell to anyone outside the state of Maryland. Period. Unless the person you're selling to is a DOD procurement officer and draws you up a contract with all the right approvals, it is illegal to sell to them. The federal law has no other effects worth noting.

Under Maryland law, you cannot advertise any automatic for sale or barter, period. There is no exception of any sort, not even for law enforcement or military, contrary to what some sellers may like to claim. This includes if your customers are in state or out of state.

The only way around all legal restrictions is to box the knife up, physically travel to another state where automatics are legal to deal in, and sell it face to face without having made any prior arrangement with said customer while you were still in Maryland.

In practice:
The above restrictions are all true, but enforcement is rather pitiful in most cases. The federal law is hard to enforce due to mail privacy regulations, coupled with the fact that the FBI has better things to do with their time. I can't comment from direct experience on Maryland's enforcement of it's own statute, but I do know at least one knife shop that advertises automatics in it's display case with tags saying "law enforcement and military only" (which is still illegal) and noted many sellers with autos at the Chesapeake knife show that openly displayed them on their tables and would sell to anyone with enough money (also still illegal).

Based on all of that, the choice is yours how you want to proceed.

 

[circleshooter]

Interesting article on Maryland Knife Laws...

http://www.knifeup.com/maryland-knife-laws/

 

[henn5849]

Interesting article on Maryland Knife Laws...

http://www.knifeup.com/maryland-knife-laws/

Thanks for the link.

 

[iHasCrabs]

Thank you guys for the link and responses

 

[WeaponsCollector]

It's really legal in Maryland to own ballistic knives? That's cool! Maybe I'll post some new pictures soon...

 

[-Z/28-]

It's really legal in Maryland to own ballistic knives? That's cool! Maybe I'll post some new pictures soon...

An OTF is not the same as a ballistic knife.

 

[Atec]

It's really legal in Maryland to own ballistic knives? That's cool! Maybe I'll post some new pictures soon...

Can you toss in that special picture of the one that makes me curl into a fetal position every time I see it. Do it for your fellow Md's member
You know which one I mean .... One day , One day it will be mine !
About the same time I will be able to CCW in Maryland

 

[Roneut]

It's really legal in Maryland to own ballistic knives? That's cool! Maybe I'll post some new pictures soon...

You betcha. Man there is a lot of misconception about these things.

 

[EvilOlive]

PM me if you want to sell it. I may be interested.

 

[NickZac]

Switchblade laws are very complicated...I've seen many debates on forums regarding the actual meaning of the law, if ownership and carrying are different, and what authorizes who to own/carry in what circumstances. Switchblades are banned from interstate movement unless certain criteria is met. You will notice that residents who live in Oregon can buy Benchmades because that is where they are made...however, the average civilian who is not an OR resident cannot buy a Benchmade auto under the same circumstances. Likewise, those in CO can carry the Spyderco automatics, and those in PA or FL, Microtech automatics (depending upon when it was made). Given it is a Microtech, it is probably labeled FL or PA and therefore it is outside of it's home state.

Older but useful
http://pweb.netcom.com/~brlevine/sta-law.htm



From Benchmade...

FEDERAL CODES-
18 USC 1716 (G) (2) (1-4) provides this summary: Switchblade knives can be shipped to civilian and armed forces supply or procurement officers and employees of the Federal government ordering or procuring or purchasing such knives in connection with activities in the Federal government; to supply or procurement officers in the National Guard, the Air National Guard or militia of the state or territory of the District of Columbia ordering, procuring or purchasing such knives in connection with the activities of such organizations; to supply or procurement officers or employees of the municipal government of the District of Columbia or the government of any state or territory of any county, city, or other political subdivision of a state or territory ordering, procuring or purchasing such knives in connection with the activities of such government.

15 USC 1244 provides in summary: Knives can be shipped by common carrier, that sale, transportation or distribution, possession or introduction into interstate commerce of switchblade knives is authorized if it is pursuant to a contract with the armed forces or any member or employee thereof acting in the performance of his or her duty may possess switchblade knives any may have them shipped to him and sold to him or her. The possession and transportation upon his or her person of a switchblade knife or a blade 3 inches or less is authorized to any handicapped individual who has the use of only one arm.

http://www.benchmade.com/products/federal.aspx


One dealer once told me that if an auto is not owned legally, then it cannot be sold legally given the owner doesn't have the authorization required to sell such a knife. I am not sure how true that is, as the law is literally half a century old, and the wording is very generalized. With that said, tons of people own and collect automatics. Selling to someone with a known identity is probably the safest bet. And whatever you do, do NOT ship it via the Postal System.